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Home My WebLink About79-97 Ordinance AMENDEDRECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 ..~ Ordinance No.__ 79-97(Amended) Passed________ _________19________ An ordinance providing for a change in zoning for 1.704 acres located on the northeast corner of Tuller Road and Riverside Drive, from: R-1, Restricted Suburban Residential District, to: OLR, Office, Laboratory, and Research District (Ameritech - Tuller Road/Riverside Drive). NOW, Ti~F.RF.FnRE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~ of the elected members concumng: ,~t14ILL That the following described real estate (see attached map marked Exhibit "A") situated in the City of Dublin, State of Ohio, is hereby rezoned to Office, Laboratory, and Research District and shall be subject to regulations and procedures contained in Ordinance No. 21-70 (Chapter 153 of the Codified Ordinances) the City of Dublin Zoning Code and amendments thereto. Section 2. That application, Exhibit "B", including the list of contiguous and affected property owners, and the recommendations of the Planning and Zoning Commission, Exhibit "C", are all incorporated into and made an official part of this Ordinance and made an official part of this Ordinance and said real estate shall be developed and used in accordance therewith. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed th~s~~ day of , 199? . -Presiding Officer Attest: ~~~~YI/VIi4~ 1il.i(~~Zti~" Clerk of Council Sponsor: Planning Division I hereby certify that copies of this Ordnance/ City of Dublin in accordance with Section 731.25 G~l~nrope~~e~ in the t o ~se~iserl Code. ~sf Cler of until, Du Ohio s i BALFOURE C RCLE P~T(NL~YROYAL OYAI.CROPT 1I OR uANOR PL 11 E j ~ DRS BRO1rNINC ' ___ ,~ ,,-- "~. ~ ~i ~~I ~ CT I ~iJ' ~" WAY a ca a 4 ~ OR ~ i ~a p p' 1[A PL '~ 4 LYTFTE cs OTE COVENTRY ~ ~ I; BRICHf' % 1f00DS CT Q ~ y I ~ ~` ~ ~ ' ' a ~Wr ~ AA ~ ~ ~~ ~ Q SITE 0 ~ a ~, _~ _ 1~ R' 't,~ ~ lIVV~!il _ j ~ C ~~ , P03T 0 ~ 1 ~ DALE DR OIrFlC1r '~ ~ ~ ~~ r~ A ~ ~ c Tarr ~r~ '~ ~ cT LILLY-YAR CT 3TONERIDc RD ~ultroH I sr ~~~ 97-0742 Ameritech ~ Tuller Road/Riverside Drive ~ run ~ r ~ P~ID~ _ . _~, ~ ~-n w ~ R-~ 1 PUD _I R PIL R- ~ k ` ( }y R-1 Pu ~ ~•I = ~- RI l~ r~~~ ' r P _. _.. _ 1 1 R ~• c _ _ - --~ p p~ ~- _ .. . ' ~ P . , 1 - R_I ~~.L1_I. .. " R-4 n- -_ - ' - - R R'2 -' n -- f ~ R-I CC rr PUD - ----- - ~ 7 .J ' T ~t. ' ,': I O - ~ - •K-~, , .;3~ ~'~ - 'PT'T Qty ` . +~~~ •; ~ ~ . ~ Yy~''~ ,«' ~. R-2 C8 1 ~ s .: , I ,. ~l S ~ ~' f I --. 8 ..~~._._. ~ '~ I ' ` $~ I PUD ~ : '. ~ - H - ~~ - ~ R PCD - ~ ' -~ rJ 'PUO R-2 - ~ ~ PUD . i ~~~ ~ - r - . L.. . ~ r -- r PCC \R R-tA t _ . i• IPaD I PeO 1 ;- - _ o ,.__. - f.._ ~x° o o~R cc ~ 1 ./ .r ' ~ i .d - - ~ ' !~,;c P U 0 t ~•~ ~ ~ ~ ~ I 1 12 _ 1m ~ _ I ~ J / - PU~b R- I _ _ 1 - - -l._ _... Pco ' ~~ ~~ 1 ;~ 97-074Z . ~ . , ~ ~ ~ ., ~ ~~ Ameritech ~ ~\. ~ j `~\ `;, `: Tuller Road/Riverside Drive '~ ~ ~ )~ ~~ . _ ~ -_ CA~ + :E, HALTER ~ GRISWOLD LLP ATTORNEYS AT LAW Suite 1500 88 East Broad Street Columbus, Ohio 43215-3506 614/621-1500 Fax 614/621-0010 email: adunn@cal~ee.com Apri129, 1997 Bazbara M. Clazke Director of Planning City of Dublin 5800 Shier-Rings Road Dublin, Ohio 43016-1236 Re: Ameritech Rezoning Application Deaz Ms. Clazke: On behalf of Ameritech Mobile Communications, Inc., I submit to you .the attached application to rezone property at the northeast corner of the Tuller Road/Riverside Drive intersection. The property is currently zoned R-1 (Restricted Suburban Residential) and we seek to rezone the parcel to the OLR (Office, Laboratory and. Research) district. The purpose of our application for rezoning is to facilitate location of a cellulaz telephone transmission facility equipment storage building on the property. Ameritech seeks to attach the equipment to antennas to be located on an existing monopole structure located on adjacent township property. The proposed rezoning will allow Ameritech to satisfy its need for a cellulaz telephone transmission facility along the S.R. 257 corridor without requiring construction of an additional tower. Ameritech will also require a variance from the side yard setback requirement and will pursue such variance in a separate proceeding before the Boazd of Zoning Appeals. ('The side yard setback required for the equipment storage building under the OLR regulations is 11'; we propose to locate the storage building 5' from the property line per our landlord's restrictions.) ~~ ;~~: /, :~ ~ __.: ~~ T~( ~~ aU ~L ='~ F:~DUNMAMERITEC1257BCLE.DOC Cleveland O~ice 1400 McDonald Investment Center ~'"" nl____1__l nl_•. AA.11A nLOO n1LILnn nnnn r ,.,i..... ...... CALFEE, HALTL-R ~ GRISWOLD LLP As we have discussed, this proposal will minimize the number of tower structures within the City of Dublin, which is a mutual goal of both the City and Ameritech. Ameritech has vigorously and creatively pursued the proposed antenna "collocation," and looks forward to further cooperation with the City of Dublin throughout the approval process. If you have any questions or require additional information, please do not hesitate to contact me at the above- listed telephone number. Very truly yours, ,~A,.,. /. ~~~ Sean P. Dunn cc: Cynthia Rafalski, Ameritech Mobile Communications, Inc. Dana McDaniel, City of Dublin ,- ,i,. -- ,, F:~DUNMAMERrrEC~257BCLE.DOC • PLEASE SUBMIT TWO (2) ORIGINAL SIGNED AND NOTARIZED APPLICATIONS ~ ^.PROPERTYJNFORMATION: ~- a ..'{ ~ r~ `~ •~. .~* C[TY OF DUBLIN 5800 Shier-Rings Road Dublin, Ohio 43016 REZONING APPLICATION (Section 153.234) FOR OFFICE USE ONLY Amount Received: 3 l0 0 0 . On App6 tion No: ~ - 4 7 Z P8Z Date(s): ~-~- P8Z Action: Receipt No: MIS Fee No: Date e ' ed~ Q Received By: ~~~ Type of Request:.p ~~~Q h;G ~ I TAX ID NOI ~ DISTRicTsPnacEL No ? 15 .000010 a ~ ': ; Parcel Size: (Acres) 1.76 _ , P~~Y ~ ~~r W-- ~ ,._ ~ ~ I' e ~ .i , Rl, r '. ~ J .. - ,,,, ~'' ~ - .... j x J „ 1 (( ry Side ofstreet'(N,s,E;'VI~'`Nor"th side of Tuller Road; .east side of Riverside Drive (S.R.--257). iBetvreeri What streets, or. Northeast corner of the Tuller Road/Riverside Drive intersection, At What Intersection: south of I-270 north an Existing Land Use/Development ~~ Vacant Proposed Land Use/Developrtwnt: Operation of a cellular telephone equipment building. Current or Existing Zoning District: Requested Zoning District: No. of Acres to be Rezoned: R-1 OLR 1.76 STATEMENT: State briefly how the proposed zoning and development relates to the existing and potential future land use character of the vicinity. The proposed rezoning will allow Ameritech to satisfy its need for a cellular telephone transmission facility along the S.R. 257 corridor by collocating on an existing tower located on adjacent Perry Township property. Construction of an additional tower structure in the area will therefore be avoided. ~~ ,Q N ~J Ordinance No. __________ __ City Council 1st Reading City Council Public Hearing __ laity l;ouucii Acliuu 1 , ~ Pagelof3 ~,1 ~ ~~' ~~1~~~_~A~ ~ ~ .. PREVIOUS APPLICATION? Has an application for rezoning the property been denied by the City Council within the last two (2) years? YES ^ NO af] IF YES, WHEN? State the basis of reconsideration: N/A IF A PLANNED DISTRICT IS REQUESTED, IS COMPOSITE OR PRELIMINARY PLAN ATTACHED? YES ^ NO ^ N/A IS PROPOSED DEVELOPMENT TEXT ATTACHEDI YES ^ NO ^ tk'~UDE THE FOLLOWING: 1 LEGAL DESCRIPTION: Legal description of the property to be rezoned contains 3 page(s). PLAN REQUIREMENTS: 14 SETS OF PLANS TO SCALE (NOT GREATER THAN 24" X 36'~ SHOWING: a. The site and all land 500 feet beyond the boundaries b. North arrow and bar scale c. Existing and proposed conditions d. Existing and proposed zoning district boundaries e. Size of the site in acres/square feet: and f. All property lines, street right-of-ways, easements, and other information related to the bcation of the proposed boundaries. 14 SETS OF REDUCED DRAWING(S) (NOT GREATER THAN 11" X 17" ). COUNTY OWNERSHIP MAP: (NOT LESS THAN 8i4" X 11"AND NOT MORE THAN 16" X 20'~ r~L~~ Showing contiguous property owners within 300 feet from the perimeter of the area to be rezoned. CONTIGUOUS PROPERTY OWNERS: List all neighboring property owners within 300 feet from the perimeter of-the area to be rezoned. Such list to be in accordance with,.(he,County orAud'dors current tax list. (Use additional sheets as necessary.) PROPERTY OWNER (riot Mortgage Company or Tax Service) ADDRESS ,; :: _ CITY/STATE2IP CODE _ . - ' ~' • %~' ' ' See attached Page 2 of 3 r- ... Current Property Owner(s): PLEASE PRINT Cincinnati SMSA Limited Partnershi c/o Ameritech Mobile Communications Inc Mailing Address: 485 Metro Place South, Ste 500 Dublin, OH 43017 Attn: Manager, Real Estate & Zoning Daytime Telephone: Fax: 614-799-4275 614-799-4287 Contact Person', If different than property owner(s): Sean P. Dunn 'Please complete the agent authorization section below. Mailing Address: $$ E. Broad Street, Ste 1500 Columbus, OH 43215 Daytime Telephone: 614-621-1500 Fax. 614-621-0010 Which of the above is the primary contact person? $ean P. Dunn ;~;JTHORlZATlON TO YtSlT THE PROPERTY Site visits to the property are necessary by City representatives in order to process this application. The Owner/Applicant hereby authorizes Cily representative to veil, photograph and post a notice on the property described in this application. UTILITY DISCLAIMER The City of Dublin will make every effort to provide essential services to the property as needed, However, the rapid growth ofthe City of Dublin and northwest FrankNn County has stretched the City's capaaty to provide these services to the IaniL As such, the City of Dublin may be unable to make ad or part of said faaTities evadable to the applicant until some future date. The Applicant/Owner hereby acknowledges that approval of this request for rezoning by the Dublin Planning and Zoning Commission and/or Dublin City Coundl does not constitute a guarantee or binding commitment that the City of Dublin will be able to provide essential services such as water and sewer fadlities when needed by said Appl'iprrL APPLICANTS' AFFlDAVIT < ,... - . . _. .~ ,.. -STATE OF OHIO , v ~, J couNnr OF .Franklin .: .. ...,, • ; ;~. Cincinnati SMSA ~Limited~=Partnersli3u -`"" _ _.__ _ __ -. ~ .,; UWe, • have read and understand the. contents. of this application and the irdorrnation contained in this application or attached exhibits and other information'submitted are complete and in all respells true and correct to the best of my/our knowledge and belief. hereby authorize Sean P. Dunn to ad as my/our representative and agent in aN matters pertaining to the processing and approval of this application inducting modifying the project, and Uwe agree to be bound by all representations and agrcements made by the designated agent. I' Slgnaturo of CumeM Property Owner. ~ A ~ ~ ~ . ~/ /' / ~ ~ ~ ~ ~ ~ I u (/.t G Date: Slgnatune of Current Property Owner. Subscribed and swum to before me this ~ ~ ~ day of._ Notary Publ • ttowllr Ir111U1'. IitN1[ OF IN10 ~~~~~~ app +.~ Page 3 of 3 Date: 19 97 AGENT AUTHORIZATION fie. Ciniinnati SMSA Limited Partnershi COL-AABT 164 Thomas Family L P 7780 Brock Road Plain City, OH 43064 Tomas David A. & Joellen 7780 Brock Road -~ Plain City, OH 43064 Tuner Ridge Partners ' 41 S. High Street Columbus, OH 43215 Victory Healthcare Inc 3248 Henderson Road Columbus, OH 43220 Bash Herbert W. Jr. c!o Indian Springs Golf Club ' ;~.: ;1`~ 111 State Route 161 r. ~y ~.~IVtechanicsburg, OH 43044 :. . ~:: ~ ._. ~~" ' 4Bash Herbert W. Jr. ' 6720 Riverside Drive ~. Dublin, OH 43017 BVH Associates 4590 Indianola Avenue Columbus, OH 43214 Herdman Elizabeth A Tr & Robert S. & David & Willis A. III 1245 Eifel CV Fayetteville, OH 45118 ~; ~~ o ~ ~ ~ a r.' r~" . ~' , MAr ~ ,y ~-~ ....~ TY OF p~,~,- eritech q9 i~ ~~ ~~' CITY QF DU~~6 Date: ~'~~ ~ ,3- `t 7 RE: Tenant's Site Code: COL-AABT To Thomas Family Limited Partnership: Cellular Services 655 Metro Place South Suite 500 Dublin, OH 43017 Please sign and return the letter of authorization below to Ameritech Cellular & Paging as soon as possible to assure rapid processing of this site. Any building permit applications will be made only after the required zoning approval process has been completed. This letter shall not constitute an agreement to enter a binding lease or option to lease, and neither party shall be bound with respect to the leasing of the property until a final Lease Agreement is negotiated and signed by both parties. Sincerely yours, CINCINNATI SMSA LIMITED PARTNERSHIP LETTER OF AUTHORIZATION To Whom it May Concern: i~wr The undersigned hereby authorizes Ameritech Cellular & Paging, its attorney, agents or representatives, to make application for any necessary zoning petitions including the filing of building permit applications. Very truly yours, 7~~.-~. ~ ~ ~ ~~ Property Owner (Date) Property Owner (Date) Witness: Witness: I~~ii DUBLIN PLANNING AND ZONING COMIVIISSION RECORD OF ACTION June 19, 1997 G['fY OF UUBLIi~ 5800 Shier Rings Road '"""Dublin, OH 43016.7295 ' ne/iDD:b14/161-6550 Fox: 614/161-6506 The Planning and Zoning Commission took the following action at this meeting: 6. Rezoning Application 97-0742/Corridor Development District -Ameritech -Tuller Road/Riverside Drive Location: 1.76 acres located on the north side of Tuller Road, approximately 150 feet east of Piverside Drive. Existing Zoning: R-1, Restricted Suburban Residential District. Request: Rezoning to OLR, Office, Laboratory, and Research District, and review and approval of a Comdor Development District application under the provisions of Section 153.115. Proposed Use: A 292.5 square foot single story cellular telephone transmission facility. Applicant: Cincinnati SMSA Limited Partnership, c/o Ameritech Mobile Communications, Cynthia Raflaski, Manager, Real Estate and Zoning, 485 Metro Place South, Suite 500, Dublin, Ohio 43017; represented by Sean Dunn, attorney, 88 East Broad Street, Suite 1500, Columbus, Ohio 43215. MOTION /#1: To approve this rezoning application because it conforms with the Community Plan and Thoroughfare Plan, and responds directly to the City's goal of co-locating communications facilities, with six conditions: 1) That storm water management conform to the requirements of the City Engineer; 2) That no vehicular access be permitted onto Riverside Drive and any proposed ~x~~ access onto Tuller Road be subject to staff approval; 3) That landscaping conform to Code and be subject to staff approval; 4) That utilities for future development on this site be subject to approval of the City Engineer; 5) That a 100-foot minimum setback be established from the Riverside Drive right-of- way for future structures; and 6) That the proposed equipment structure be placed on a permanent foundation. * Sean Dunn agreed to the above conditions, except Condition 5. VOTE: 5-0. RESULT: This rezoning application was approved. It will be forwarded to City Council with a positive recommendation. AS 8U8AAIT7'ED?O OOUNgt. Page 1 of 2 ~ ~ FOR MEETtNO ON _~ DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION June 19, 1997 6. Rezoning Application 97-0742/Corridor Development District -Ameritech - Taller Road/Riverside Drive (Continued) MOTION #2: To approve this Corridor Development District application because it conforms with the Community Plan and Thoroughfare Plan, includes no permanent access modifications, and responds duectly to the City's goal of co-locating communications facilities, with six conditions: 1) That storm water management conform to the requirements of the City Engineer; 2) That no vehicular access be permitted onto Riverside Drive and any proposed access onto Taller Road be subject to staff approval; 3) That landscaping conform to Code and be subject to staff approval; 4) That utilities for future development on this site be subject to approval of the Ciry Engineer; 5) That a 100-foot minimum setback be established from the Riverside Drive right-of- way for future structures; and 6) That the proposed equipment structure be placed on a permanent foundation. * Sean Dunn agreed to the above conditions, except Condition 5. VOTE: 5-0 RESULT: This Corridor Development District application was approved. STAFF CERTIFICATION ~~~ Mary H. Newcomb Landscape Planner Page 2 of 2 .~ DESCRIPTION OF 1.704 ACRE TRACT FOR REZONING SITUATED IN THE STATE OF OHIO, COUNTY OF FRANKLIN, TOWNSHIP OF PERRY, BEING PART OF THE LAND CONVEYED TO THE THOMAS FAMILY LIMITED PARTNERSHIP BY DEED OF RECORD IN OFFICIAL RECORD 17716 E17 OF THE FRANKLIN COUNTY RECORDER 'S OFFICE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING THE INTERSECTION OF THE SOUTHERLY LIMITED ACCESS LINE OF INTERSTATE 270 WITH THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 257 (RIVERSIDE DRIVE); THENCE S 80°43'25" E, ALONG THE SAID SOUTHERLY LIMITED ACCESS LINE, 26.06 FEET; THENCE N 81°44'24" E, ALONG THE SAID SOUTHERLY LIMITED ACCESS LINE, 319.00 FEET; THENCE WITH A CURVE TO THE RIGHT AND ALONG THE SAID SOUTHERLY LIMITED ACCESS LINE, HAVING A DELTA OF 0°4849", A RADIUS OF 12117.67 FEET, AND A CHORD OF N 84°2817" E, 172.04 FEET; THENCE S 5°3800" W, 305.83 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF TULLER ROAD; THENCE N 84°200" W, ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE, 130.00 FEET; THENCE N 5 ° 3800" E, 140.00 FEET; THENCE N 84°22'00" W, 380.59 FEET TO THE SAID EASTERLY RIGHT-OF- WAY LINE; THENCE N 11°42'00" E, ALONG THE SAID EASTERLY RIGHT-OF-LINE, 57.91 FEET TO THE POINT OF BEGINNING, CONTAINING 1.704 ACRES, MORE OR LESS. ~ E 1 ~ .:~ ~~ 3 ~~~ ,~ ~~N~~~' .t PLAT PREPARED BY BURGESS & NIPLE, LIMITED ENGINEERS & ARCHITECTS COLUMBUS, OHIO FOR REZONING OF 1.704 ACRE TRACT DAVID A. & JOELLEN THOMAS OR 29554E04 1.638 ACRES I -----_~05_38~0°_ ~y ~ 305.83' ~----__ I wl 3 THE TH 0 MAS FAMILY _ , o LIMITED PARTNERSHIP oO1o Nlr O.R. 17716 E 17 N o , ~~ ~ ~ ao ~ `'- ZI Z ~ I N 05'38'00'_ E D = 00'48'49" ~ 4 ~; R = 121 17.67' T = 86.02' , .. I L = 172.05' ~ , O I ~ rn ~ ~ BVH ASSOCIATES I Q ~ OR 05811C19 I Q I ~~ 0.820 ACRES i ~ r ~ ~ I N ~ W ~ W ~ ~ _1 Q I ~~ ~ J I (n N ~ ~ ~ W ~ ~ 40.00' ~ ~ ~ I ~ 3 _ _ _ 50.00' Z art I - --~ Z o~ ' N~ ~ i I N i 1 ~ ~ ~ BvH ASSOCIATES I i Z~w OR 05811C19 ~ I ~' 1.00 ACRES I ~ I ~ i P.O.B. W o i I ~ I co i N ~ N ~ ~ ~42'Op" - _ -~ - - ERS~~E D -~ R~~E -_ _ ~ (SR 25 ~ ' ~ ~ ~~--~ 1 -----_ SCALE: 1" = 60'